{"operation":"document","citation":"CPF 42023020NOA","title":"NUSTAR PIPELINE OPERATING PARTNERSHIP L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-04-03","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(15), 195.402(c)(3), 195.444(c), 195.446(b)(1), 195.446(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023020noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023020noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023020noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023020NOA","body":"Notice of Amendment involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(15),  195.402(c)(3),  195.444(c),  195.446(b)(1),  195.446(c)(3). The case was opened on 2023-04-03 and is reported as closed as of 2024-08-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023020NOA_Closure Letter_08262024_(20-173936).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023020NOA/42023020NOA_Closure%20Letter_08262024_(20-173936).pdf\n\n42023020NOA_Closure Letter_08262024_(20-173936)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023020NOA/42023020NOA_Closure%20Letter_08262024_(20-173936)_text.pdf\n\n42023020NOA_Notice of Amendment_04032023_(20-173936).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023020NOA/42023020NOA_Notice%20of%20Amendment_04032023_(20-173936).pdf\n\n42023020NOA_Notice of Amendment_04032023_(20-173936)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023020NOA/42023020NOA_Notice%20of%20Amendment_04032023_(20-173936)_text.pdf\n\n42023020NOA_Operator Response to Notice_08172023_(20-173936).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023020NOA/42023020NOA_Operator%20Response%20to%20Notice_08172023_(20-173936).pdf\n\n42023020NOA_Notice of Amendment_04032023_(20-173936)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL\nApril 3, 2023\nMr. Brad Barron\nPresident and Chief Executive Officer\nNuStar Pipeline Operating Partnership L.P.\n19003 IH-10 West\nSan Antonio, Texas 78257\nCPF 4-2023-020-NOA\nDear Mr. Barron,\nFrom December 7 through December 11, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C), virtually inspected NuStar Pipeline Operating Partnership\nL.P. (NuStar) operations and maintenance procedures for control room management (CRM).\nBased on the inspection, PHMSA has identified the apparent inadequacies found within NuStar’s\nprocedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) . . . .\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart\nH of this part.\n§ 195.444 CPM leak detection.\n(a) . . . .\n(c) CPM leak detection systems. Each computational pipeline\nmonitoring (CPM) leak detection system installed on a hazardous\nliquid pipeline must comply with API RP 1130 (incorporated by\nreference, see § 195.3) in operating, maintaining, testing, record\nkeeping, and dispatcher training of the system.\n\n\n\nNuStar’s written procedures for conducting operations, maintenance, and emergency preparedness\nand response activities were inadequate to assure safe operation of a pipeline facility in accordance\nwith § 195.402(c)(3). Specifically, NuStar’s computational pipeline monitoring (CPM) leak\ndetection procedures failed to include dispatcher training in accordance with § 195.444(c) and API\nRP 1130.\nNuStar provided its Training Manual (November 10, 2021). However, this manual failed to\ninclude CPM leak detection dispatcher training. NuStar also provided a presentation on leak\ndetection. However, a presentation cannot be considered an adequate training procedure, and this\npresentation failed to include important details, such as what a controller would need to know to\noperate, maintain, test, and document the leak detection system.\nNuStar’s November 8, 2021, Alarm Management Plan (AMP), its September 2020 CRM Plan, its\nSeptember 2020 General Systems Manual (GSM) and its November 10, 2021, Training Manual\neach contain information relating to NuStar’s CPM procedures, but they failed to include\ndispatcher training and failed to accurately cross-reference the other manuals. NuStar also failed\nupdate its GSM after it updated the name of its leak detection system.\nTherefore, NuStar’s written procedures for conducting operations, maintenance, and emergency\npreparedness and response activities were inadequate to assure safe operation of a pipeline facility\nin accordance with § 195.402(c)(3). NuStar must revise its procedures to include a CPM and leak\ndetection training program with accurate cross-references and updated terms.\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) . . . .\n(15) Implementing the applicable control room management\nprocedures required by § 195.446.\n§ 195.446 Control room management.\n(a) . . . .\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures\nnecessary for the controllers to carry out the roles and responsibilities\nthe operator has defined by performing each of the following:\n(1) . . . .\n(3) Test and verify an internal communication plan to provide\nadequate means for manual operation of the pipeline safely, at least\nonce each calendar year, but at intervals not to exceed 15 months;\nNuStar’s written control room management procedures were inadequate to assure safe operation\nof a pipeline facility in accordance with § 195.402(c)(15). Specifically, NuStar’s CRM Plan failed\nto include adequate procedures to test and verify an internal communication plan to provide\n\n\n\nadequate means for manual operation of the pipeline safely, at least once each calendar year, but\nat intervals not to exceed 15 months in accordance with § 195.446(c)(3).\nUnder section 3.4 of the CRM Plan, NuStar tests and documents its manual operations through a\nsimulated manual operation scenario, which includes a tabletop training exercise, in accordance\nwith section 3.10 of the GSM. However, the CRM Plan and GSM failed to include procedures for\nthe manual operation of the pipeline.\nTherefore, NuStar’s written control room management procedures were inadequate to assure safe\noperation of a pipeline facility in accordance with § 195.402(c)(15). NuStar must revise its CRM\nPlan to include procedures to test and verify an internal communication plan to provide adequate\nmeans for manual operation of the pipeline safely.\n3. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) . . . .\n(15) Implementing the applicable control room management\nprocedures required by § 195.446.\n§ 195.446 Control room management.\n(a) . . . .\n(b) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures\nnecessary for the controllers to carry out the roles and responsibilities\nthe operator has defined by performing each of the following:\n(1) Implement API RP 1165 (incorporated by reference, see § 195.3)\nwhenever a SCADA system is added, expanded or replaced, unless the\noperator demonstrates that certain provisions of API RP 1165 are not\npractical for the SCADA system used;\nNuStar’s written control room management procedures were inadequate to assure safe operation\nof a pipeline facility in accordance with § 195.402(c)(15). Specifically, NuStar’s CRM Plan failed\nto include procedures implementing section 5.3 of API RP 1165 which requires periodic reviews\nof display response times in accordance with § 195.446(b)(1).\nAlthough NuStar provided documentation indicating it conducted periodic reviews of the display\nresponse time, the CRM Plan failed to include procedures for this periodic review.\nTherefore, NuStar’s written control room management procedures were inadequate to assure safe\noperation of a pipeline facility in accordance with § 195.402(c)(15). NuStar must revise its CRM\nPlan to include procedures for a periodic review of the display response time, including identifying\nconditions that necessitate a review.\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under § 190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that NuStar Logistics, L.P. maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Bryan Lethcoe, Director, Southwest Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 4-2023-020-NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n42023020NOA_Closure Letter_08262024_(20-173936)_text.pdf\n\nVIA ELECTRONIC MAIL TO: brad.barron@nustarenergy.com\nAugust 26, 2024\nMr. Brad Barron\nPresident and Chief Executive Officer\nNuStar Pipeline Operating Partnership L.P.\n19003 IH-10 West\nSan Antonio, Texas 78257\nCPF 4-2023-020-NOA\nDear Mr. Barron:\nFrom December 7 to December 11, 2020, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to chapter\n601 of 49 United States Code (U.S.C.), conducted a virtual pipeline safety inspection of NuStar\nPipeline Operating Partnership, LP’s (NuStar) operations and maintenance procedures for\ncontrol room management. As a result of the inspection, NuStar was issued a Notice of\nAmendment (Notice) on April 3, 2023, which proposed amendments of its operations and\nmaintenance procedures.\nNuStar submitted its amended procedures from November 2023 through February 2024. My\nstaff reviewed the amended procedures, and it appears that the inadequacies outlined in this\nNotice have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Gary Koegeboehn, Vice President of Pipeline Operations, Nustar Pipeline Operating\nPartnership, LP, gary.koegeboehn@nustarenergy.com\nTricia G. Dietrich Petty, Executive Director, Health and Safety, NuStar Pipeline\nOperating Partnership, LP, tricia.dietrichpetty@nustarenergy.com","truncated":false,"body_characters":12476}